ADR

Taking the time during contract negotiations to anticipate potential disputes and tailor the arbitration clause accordingly can protect a party’s interests and save time, money and frustration down the line.

It may be time to pen a new mythology, one in whose plot arbitration has officially arrived, carrying with it many exciting options and some new—and highly effective—rules with which to practically utilize it.

While a laissez-faire approach may be tempting, there can be substantial benefits to reviewing an existing contract to ensure that problems do not arise, or that the client will be prepared to quickly respond if they do.

While HIPPA protection of personal health care information is generally regarded as universal, there are several considerations for advocates who elect to resolve disputes outside the courtroom without compromising privacy or confidentiality.

If mediation or arbitration requires disclosure of or questioning about PHI to the neutral mediator or arbitrator, is the neutral covered by the HIPAA PHI restrictions, and if so, should the neutral be considered a business associate?